Melco Resorts & Entertainment Limited v The Independent Liquor and Gaming Authority [2020] NSWSC 53

Supreme Court New South Wales

Medium Neutral Citation: Melco Resorts & Entertainment Limited v The Independent Liquor and Gaming Authority [2020] NSWSC 53 Hearing dates: 6 February 2020 Decision date: 11 February 2020 Jurisdiction: Common Law Before: Adamson J Decision: (1) Declare that s 17(1) of the Royal Commissions Act 1923 (NSW) has not come into effect for the purposes of the inquiry established by The Independent Liquor and Gaming Authority, the first defendant, on or about 29 August 2019 under s 143 of the Casino Control Act 1992 (NSW).

(2) Declare that the plaintiff's privileges, including legal professional privilege, are not abrogated for the purposes of an inquiry conducted under the Casino Control Act 1992 (NSW).

(3) Unless either the plaintiff or the third defendant applies in writing to my Associate for a different order within seven days, order the third defendant to pay the plaintiff's costs of the proceedings. Catchwords: STATUTORY INTERPRETATION – Summons to produce documents to statutory inquiry – claim of privilege – whether abrogated – Casino Control Act 1992 (NSW), s 143A Legislation Cited: Casino Control Act 1992 (NSW), ss 3, 143, 143A Crimes (Appeal and Review) Act 2001 (NSW), s 81 Gaming and Liquor Administration Act 2007 (NSW), s 6 Interpretation Act 1987 (NSW), ss 14, 34 Royal Commissions Act 1923 (NSW), ss 5, 8, 11, 15, 16, 17, 18, 18B, 18C, 18D Uniform Civil Procedure Rules 2005 (NSW), r 42.1 Cases Cited: Balog v Independent Commission Against Corruption (1990) 169 CLR 625; [1990] HCA 28 Elliot v Minister administering Fisheries Management Act 1994 (2018) 97 NSWLR 1082; [2018] NSWCA 123 Maxwell v Murphy (1957) 96 CLR 261 Potter v Minahan (1908) 7 CLR 277; [1908] HCA 63 R v Secretary of State for the Home Department; Ex parte Simm [2000] 2 AC 115 The Daniels Corporation International Pty Limited v Australian Competition and Consumer Commission (2002) 213 CLR 543; [2002] HCA 49 Texts Cited: Casino Control Amendment Bill 2001, Explanatory note New South Wales Casino Control Authority, Report of the Inquiry by Mr P D McClellan QC Pursuant to Section 143 of the Casino Control Act 1992, (15 December 2000) New South Wales Legislative Assembly, Parliamentary Debates (Hansard), 7 March 2001 Category: Principal judgment Parties: Melco Resorts & Entertainment Limited (Plaintiff) The Independent Liquor and Gaming Authority (First Defendant) The Hon. PA Bergin SC in her capacity as Commissioner of an Inquiry established by the Independent Liquor and Gaming Authority (Second Defendant) Attorney General for New South Wales (Third Defendant) Representation: Counsel: SG Finch SC/J Stoljar SC/Z Hillman (Plaintiff) Submitting appearances (First and Second Defendants) S Free SC/O Jones (Third Defendant)